Beaber v. Ruehr, Unpublished Decision (9-27-2004)
Beaber v. Ruehr, Unpublished Decision (9-27-2004)
Opinion of the Court
{¶ 3} After appellant and Jeffrey Ruehr failed to file an answer within the prescribed period, appellee filed a Motion for Default Judgment on February 20, 2003. Via Judgment Entry filed February 21, 2003, the trial court granted judgment in favor of appellee and against appellant and Jeffrey Ruehr in the amount of $54,672.36, plus interest. On May 15, 2003, appellant filed a Motion to Vacate Default Judgment. Appellee filed a motion in opposition and appellant filed a reply thereto. Via Judgment Entry filed June 17, 2003, the trial court denied appellant's motion to vacate judgment.
{¶ 4} On June 30, 2003, appellant filed a Motion for Reconsideration. Appellee filed a memorandum in opposition, arguing, in part, the trial court's June 17, 2003 Judgment Entry constituted a final, appealable order. On July 18, 2003, the trial court scheduled an evidentiary hearing on the motion for reconsideration for August 29, 2003. On September 8, 2003, appellee filed a Supplemental Brief in Opposition to the motion for reconsideration, again arguing the trial court's June 17, 2003 Judgment Entry was a final, appealable, order; therefore, the trial court did not have jurisdiction to hear the motion for reconsideration. Appellant filed a response thereto as well as a motion for relief from judgment.
{¶ 5} Via Judgment Entry filed November 6, 2003, the trial court denied appellant's motion for reconsideration and motion for relief from judgment.
{¶ 6} It is from the June 17, 2003, and the November 6, 2003 Judgment Entries appellant appeals, raising the following assignments of error:
{¶ 7} "I. The court of common pleas erred in denying Appellant's motion to vacate when it erroneously applied the requirements of civil rule 60(b) to the issue of lack of personal Service.
{¶ 8} "II. The court of common pleas erred in failing to vacate the default judgment against appellant on the basis of lack of sufficient service of summons and complaint pursuant to civil Rule 4.1.
{¶ 9} "III. The court of common pleas erred in failing to vacate the default judgment pursuant to civil rule 60(b).
{¶ 10} "IV. The court of common pleas erred in denying appellant's motion to vacate its judgment of june 17, 2003 Pursuant to Civil Rule 60(B)(1) and (5)."
{¶ 11} Before we address the merits of appellant's assignments of error, we must make an initial determination of the timeliness of said appeal. The issue is whether the June 17, 2003 Judgment Entry was a final, appealable order. We find it was.3
{¶ 12} R.C.
{¶ 13} Appellant's appeal is dismissed for lack of jurisdiction.4
Hoffman, J., Gwin, P.J. and Farmer, J. concur.
Reference
- Full Case Name
- Harry Beaber, Dba Beaber Seed Supply v. Frank Ruehr
- Cited By
- 1 case
- Status
- Unpublished